THEORETICAL PROBLEMS OF REALIZATION OF THE BASES (PRINCIPLES) OF THE CRIMINAL PROCESS IN THE IMPLEMENTATION OF CRIMINAL PRODUCTION

Abstract

The article attempts to analyze the theoretical problems of the implementation of the principles (principles) of the criminal process in the implementation of criminal proceedings. The ways of improving the implementation of the principles of criminal proceedings are defined.

The aim of the article is to determine the role of the principles of the legal process in terms of representations of “ideal and real”, which in a special legal aspect is transformed into the question of the relationship between the principle of the process and the procedural norm, how to implement the principle in procedural law, normative or binding procedural principle, etc. The subject of the research is theoretical problems of the criminal process principles implementation in the conduct of criminal proceedings. The methodology of the research is based on the normative legal acts analysis from the point of view of the legal proceedings principles implementation. On the basis of the comparative legal method of certain provisions investigation of Ukrainian legislation and international acts, the possibilities of reforming the criminal-procedural law are determined.

The results of the research showed that the principles of the criminal process, as well as any principles of law, should have the property of normativity at least at the level of international law. Being an embodiment of natural law, but with a positive expression, principles should become the bridge between natural (unwritten) and positive (written) law. Practical implications. In order to ensure the rule of law in Ukraine, it is necessary to create a legal culture of the basic principles observance of criminal proceedings at all levels, and the rule of law principle should be considered as a legal principle in the framework of international and European integration processes. Correlation/originality. An analysis of the criminal proceedings basics can become the basis for developing of the most promising directions for the evolvement of domestic criminal-procedural legislation of Ukraine.